Pataula Judicial Circuit Clay, Early, Miller, Randolph, Quitman, Terrell, & Seminole counties Instructions for filing a CONTESTED DIVORCE without children1 Quick Facts: You must file a complaint for divorce in the Superior Court to end a marriage in Georgia. You can either hire an attorney2 that is licensed to practice in Georgia who will prepare your case and represent you in court, or you can use the sample forms included in this packet and represent yourself in court. NOTE: YOU MAY NOT NEED ALL OF THE FORMS OR YOU MAY NEED ADDITIONAL FORMS (NOT INCLUDED IN THIS PACKET) THAT YOU CAN FIND ON THIS WEBSITE.3 If you represent yourself, you are considered to be pro se4. After a court issues a final judgment and decree5, you can remarry. A contested divorce is one in which the parties cannot work out an agreement regarding issues such as alimony, property division of debts, etc. The judge is responsible for settling arguments between the parties. The parties are responsible for presenting evidence to support their case at trial. Discovery can include depositions, interrogatories, requests for production of documents, and other procedures. You are responsible for doing the discovery for your own case. If one or more of the following situations below applies to you, then you MAY WANT TO CONTACT AN ATTORNEY BEFORE PROCEEDING. o The case becomes contested and your spouse has a lawyer. o You cannot find your spouse to serve him or her with your papers. o You think you will have difficulty getting information and documents from your spouse regarding income, retirement funds, etc. Use black ink only or type in the fillable form. PLEASE PRINT THEM LEGIBLY. Failure to provide improper, incomplete, or illegible forms will delay the filing and ultimate finalization of your divorce. NOTE: ONCE THE DIVORCE IS FILED YOU ARE RESPONSIBLE FOR SETTING UP YOUR FINAL DIVORCE HEARING 1 Please note that these forms are free to download, but no one in the court (personnel in the judges’ offices or clerks’ offices) can assist you with legal advice or help you fill out these forms. If you need assistance, please get the advice of a Georgia licensed attorney. 2 All attorneys licensed in Georgia are listed at https://www.members.gabar.org/Custom/Directory/ 3 This may be required if you would like a restraining order, etc. 4 Pro se means you are NOT represented by an attorney and court personnel cannot assist you. 5 This will take at least 31 days to finalize. Pataula Judicial Circuit 2011 1 DETAILED INSTRUCTIONS6: STEP 1: Complete the Domestic Relations Filing Information Form. To complete the Filing Information form: 1. In the top line, fill in the county where you are filing and the date filed. 2. In the second line, fill in the names of the Plaintiff and Defendant. 3. Where it says “Plaintiff/Petitioner’s Attorney,” check the box which says “Pro Se.” 4. In the left-hand box, check “Divorce.” 5. In the right hand box, indicate whether or not you are asking for relief from family violence by checking yes or no in the appropriate boxes.7 STEP 2: Complete the Complaint for Divorce. Fill in your full name as the Plaintiff and your spouse’s full name as Defendant. Do not fill in where it says Civil Action File No. because your case has not been assigned a case number yet. Insert your name in the space provided just before paragraph one (1). 1. Paragraph 1: Subject Matter Jurisdiction a. Check box a) if you have lived in the state of Georgia for at least six months prior to filing your complaint for divorce. b. Check box b) if you are not a resident of the state of Georgia, but your spouse has lived in Georgia and in the county where you are filing for at least six months prior to your filing the complaint for divorce. c. NOTE: If neither a) or b) applies to you, you cannot file for divorce here. The filing will have to be made in the proper jurisdiction. 2. Paragraph 2: Venue and Service a. The venue refers to the proper place to hold a trial based on issues such as fairness and convenience to the parties, as well as the county’s connection to the events in dispute. In Georgia, the general rule is that the proper venue (place) to sue a Defendant for divorce is in the Defendant’s county of residence. This rule can be found in the 1983 Georgia Constitution, Article 6, Section 2, Paragraph 1. You can read this online at http://www.cviog.uga.edu/Projects/gainfo/conart6.htm. When the Defendant in a divorce case is incarcerated, Georgia courts have held that venue is proper in the county where the Defendant 6 You may not need all of the forms that are included in the “Uncontested Divorce with Children” packet. Neither the court nor its personnel can advise you which forms you will need. If you need help determining this, you may want to seek the advice of an attorney. 7 You may have to include additional forms if this is the case. Pataula Judicial Circuit 2011 2 resided with his or her spouse before the incarceration. See Scott v. Scott, 192 Ga. 370, 15 S.E.2d 416 (1941); McLeod v. McLeod, 144 Ga. 359, 87 S.E. 286 (1915); Barton v. Barton, 74 Ga. 761 (1885). b. Venue in a Georgia divorce is proper in: The county where the Defendant resides, if s/he is a resident of Georgia; The county where the Plaintiff resides, if the Defendant is not a Georgia resident; Any county adjacent to a military post or reservation (for a divorce where a party has resided on that military post or reservation for a year before the divorce was filed) NOTE: Venue can be waived, either by signing a waiver form or by failing to object to improper venue IF it is the county where the Plaintiff resides, IF the Defendant moved from that county within 6 months of the date of filing; AND That county was the marital domicile at the time the parties separated. Acknowledgement of Service Check box a) if your spouse will sign an Acknowledgement of Service. You will need to give your spouse of copy of your completed Complaint for Divorce and have him/her sign the Acknowledgement of Service. By signing this form, your spouse is letting the court know that he/she has received a copy of your petition and, therefore, will not need to be served with a copy of your petition by the sheriff. Check box b) if your spouse lives in Georgia but does not live in the county where you are filing; or your spouse lives in another state and will consent (agree) to let you file for divorce in Georgia. Check box c) if you are having your spouse served by the Sheriff and you are filing in the Defendant’s county. Check box d) if you are having your spouse served by the Sheriff and you are filing in the Plaintiff’s county. Use this paragraph if the following statements are true: Pataula Judicial Circuit 2011 3 a. If you are filing in the county of your marital residence (where you last lived together). b. The Plaintiff still lives in the county of the marital residence. c. The Defendant moved to another Georgia county within the previous six months. Check box e) if you are serving a Georgia spouse who cannot be found Check box f) if you are serving a non-Georgia spouse. Choose one of the following: a. If you know where the non-Georgia spouse lives. Use this paragraph if your spouse is subject to Georgia’s long arm statute. The long arm statute gives a Georgia court personal jurisdiction over a non-resident defendant if he or she had enough contacts with the state. You will have to do your own research to determine if your spouse is subject to the long arm statute. b. If you do not know where the non-Georgia spouse lives. Use this paragraph if your spouse lives outside of Georgia, but his or her exact whereabouts are unknown. You will have to complete an affidavit of due diligence to include with your packet. 3. Paragraph 3: Date of Marriage a. Check box a) if you and your spouse have a marriage certificate. Insert the date you were married in the space provided. (Example: 1/1/2000 or January 1, 2000) b. Check box b) if you and your spouse are common law married. Insert the date you and your spouse entered into your marriage in the space provided. You were common law married if the following statements are true: You and your spouse were able to enter into a contract at the time you established a common law marriage. You were over age sixteen and mentally competent. You and your spouse actually entered into a contract of marriage meaning that you and your spouse agreed that you were married. You and your spouse have had sexual intercourse. Pataula Judicial Circuit 2011 4 All of the above were done before January 1, 1997. 4. Paragraph 4: Date of Separation a. Insert in the space provided the date you and your spouse separated. It is not essential that the husband or wife leave the marital homeplace; separation can occur when one spouse moves into another room with the intent and purpose of suspending conjugal rights. The suspended conjugal rights include the company, cooperation, assistance, aid and intimacy of the other spouse in every conjugal way. See Hosford v. Hosford, 58 Ga.App 188, 199, 198 S.E. 289(1938); Blasingame v. Blasingame, 249 Ga. 791, 294 S.E. 34 (1982). 5. Paragraph 5: Children Born of the Marriage a. To file this paperwork, please indicate that there were no children born of this marriage. 6. Paragraph 6: Grounds for Divorce a. Check the reasons why you are requesting a divorce. You can check more than one. The most common reason is that the marriage is “irretrievably broken.” This means that you and your spouse are unable to live together, and there is no hope that the two of you will get back together again. If you check one of the other twelve grounds for divorce, you have to PROVE your grounds for divorce. 7. Paragraph 7: Alimony a. Check box a) if you are seeing temporary alimony which will last until the divorce is final. b. Check box b) if you are seeking alimony which is both temporary (will last until the final decree) and permanent (will last until one of you dies or until the spouse receiving alimony remarries). If you engaged in adultery, desertion, cruel treatment, or other fault grounds for divorce, you will not be able to get alimony. 8. Paragraph 8: Marital Property a. Check box a) if you and your spouse do not have any marital property. b. Check box b) if you and your spouse have already divided your marital property to your mutual satisfaction. c. Check box c) if you and your spouse have marital property which needs to be divided up by the Court. Check off the various items of property which you own, and give additional information if necessary. 9. Paragraph 9: Joint Debts Pataula Judicial Circuit 2011 5 a. Check box a) if you and your spouse do not have any joint debts. b. Check box b) if you and your spouse have joint debts. Insert in the spaces provided information about these debts. Indicate which person should pay for each debt. 10. Paragraph 10: Name Restoration a. Check this box if you want your former name restored to you. Insert your name in the space provided. You cannot change your name to a different name if it was not your former name. For example, you can return to your maiden name or to the surname of a former spouse if you had that name in the past. STEP 3: Verification TO BE PROPERLY FILED, THE VERIFICATION FORM MUST BE COMPLETED AND NOTARIZED. Complete the Verification form. Insert your name as Plaintiff and your spouse’s name as Defendant. Do not fill in where it says Civil Action File No. The clerk will assign a number to your case when you file your complaint. You will need to sign this Verification in the presence of a Notary Public. Most banks and many libraries have a notary on staff and will notarize your documents for a small fee. STEP 4: Other Court Documents In addition to the complaint for Divorce and the Verification, you will need to attach the following forms to your complaint (they are in the packet): a. Service/Venue Forms: i. Acknowledgement of Service and Rule Nisi with Temporary Restraining Order. Use these forms if your spouse will sign an Acknowledgement of Service. You will need to give your spouse a copy of your completed Complaint for Divorce and have him/her sign the Acknowledgement of Service. By signing this form, your spouse is letting the court know that he/she has received a copy of your petition and, therefore, will not need to be served with a copy of your petition by the sheriff. ii. Defendant’s Acknowledgement of Service Affidavit of Waiver of Venue and Personal Jurisdiction AND Rule Nisi with Temporary Restraining Order. Use these documents if: Pataula Judicial Circuit 2011 6 1. Your spouse lives in Georgia but does not live in the county where you are filing; 2. Your spouse lives in another state and will consent (agree) to let you file for divorce in Georgia. b. Certificate of Service and Rule Nisi with Temporary Restraining Order. Use these forms if your spouse is not signing any papers with you, and you are having him or her served with the papers by the sheriff. c. Motion for Service by Publication and Affidavit of Due Diligence and Notice of Summons—Service by Publication. Use these documents if you do not know where your spouse lives despite trying hard to find him or her. d. Lis Pendens Notice. Use this form if you and your spouse own a house or land together. e. Final Order needs to be completed by everyone. How to complete the final order: Caption: Fill in your full name as the Plaintiff and your spouse’s full name as Defendant. Do not fill in where it says Civil Action File No. The clerk will assign a number to your case when you file your complaint. Please indicate whether or not the wife would like to restore her maiden name. PLEASE PUT THE FULL NAME. Example: Jane Elizabeth Doe. STEP 5: Financial Documents to be produced if you seek alimony If you are seeking alimony, you must file these additional documents along with your divorce forms. A Certificate of Service must be filed along with these documents to show that the documents were properly served on the other party, and the date of which these documents were served to your spouse: 1. All federal and state income tax returns, gift tax returns, and intangible and personal property tax returns filed by the party or on the party’s behalf for the past three (3) years. 2. IRS forms, W-2, 1099, and K-1 forms for the past year, if the income tax return for that year has not been prepared. If an income tax form for the year has not been filed, you must include the year end pay stub from the party’s employer should be provided. 3. Pay stubs or other evidence of earned income for the twelve (12) months prior to the filing of the action. Pataula Judicial Circuit 2011 7 4. A statement by the producing party identifying the amount and source of all income received from all sources during the twelve (12) months preceding the filing of this action if same s not reflected on the pay stubs produced. 5. All loan applications and financial statements prepared or used within the three (3) years preceding the filing date of this action, whether used for the purpose of obtaining or attempting to obtain credit for any other purpose. 6. The most recent statement for any liquid fund assets, including, but not limited to, profit-sharing, 401-K, money market, stock and securities, bonds, accounts, retirement and pension plan. 7. Corporate, partnership, and trust tax returns for the last three (3) years, if the producing party has an interest in a corporation, partnership, or trust greater than or equal to thirty (30) percent (%). 8. All written pre-marital or marital agreements entered into at any time between the parties to this marriage, whether before or during the marriage. 9. Any court orders directing a party to pay or receive spousal support, even if received from a third party. All information must be provided to the best of your knowledge. Any materially false statement knowingly made in these documents with the intent to defraud or mislead shall be subject to penalty for perjury and may be considered a fraud upon the court. STEP 6: Fees The filing fee for filing a divorce in the Pataula Circuit is $205.00. The fee must be paid at the time the divorce is filed. There is another fee if a party has to be served by the Sheriff’s Department. If the party is being served by publication, you are responsible for paying the cost of the newspaper ads. STEP 7: File your forms File your original document with the Clerk of the Court. The clerk will assign your case a number. STEP 8: Get a hearing date Pataula Judicial Circuit 2011 8 You must contact the judge’s secretary to get a hearing date 31 DAYS AFTER THE DIVORCE IS FILED. If you drop off the documentation, but it is rejected, THAT IS NOT CONSIDERED YOUR FILING DATE! The filing date is the date listed with the clerk’s stamp. 8 STEP 9: Prepare your case for trial A contested divorce requires additional preparation and documents that are not required in an uncontested divorce. Contested divorce proceedings can be extremely complicated and involved, so this Court recommends that you seek the advice of a Georgia licensed attorney. If you do decide to proceed on your own, you must be prepared to complete the entire process from filling your divorce to seeing it to completion. Civil cases require discovery and you are responsible for completing this discovery by whatever means it may be: interrogatories, depositions, requests for production of documents, physical and mental examinations, or requests for admissions. If you are representing yourself, you must do independent research to complete any and all discovery steps and procedures. No member of this Court (judges, clerks, secretaries, or assistants) can help you with this process. If you do not know how to complete this, you need to seek the advice of an attorney. STEP 10: Receive the final judgment The divorce is not final until the Final Divorce and Decree is signed by the judge. Only after the divorce is final may either of the parties remarry. If the complaint is not answered by your spouse, the divorce may be granted after 46 days after he or she was served, unless the judge extends the time for a response with a court order. If your spouse was served by publishing a notice in the newspaper, the divorce may be granted at any time suitable to the judge 61 days or more after the date of the first publication. The contested divorce process can take a long time. It can be as short as 31 days and can take up to several years. 8 Located in the upper right hand corner. Pataula Judicial Circuit 2011 9 CONTESTED DIVORCE WITHOUT CHILDREN CHECKLIST: 1. Do I have my Domestic Relations Filing Form Completed (except for the case number which will be provided by the Clerk of the Court? 2. Do I have my Complaint for Divorce? If yes, does it meet the following requirements? o I know where my spouse is and have served him or her with the documentation of which I have documentation to show this service OR I have provided the necessary fee and forms to have the sheriff’s office serve the other party OR I don’t know where my spouse is, but I have made diligent efforts to find him or her, I have provided documentation to support this diligent search, and I will follow the rules pursuant to O.C.G.A. §9-10-71 for Service by Publication; AND o If I plan to use anything other than the no fault reason for divorce, “irreconcilable differences,” I have proof to support this selection; AND o I have indicated whether or not I require alimony and can provide financial affidavits to support this selection; AND o I have indicated whether or not my spouse and I require the division of marital property, and I have provided sufficient evidence for the court to make a determination of the division of any marital property; AND o I have indicated whether or not my spouse and I require the division of joint marital debt, and I have provided sufficient evidence for the court to make a determination of the division of any marital debt; AND o I have indicated whether or not I (or my spouse) would like her name to be restored to a former name. 3. Do I have my Verification form? If yes, is it properly completed and signed by the Plaintiff in the presence of a notary public who has attested to this fact by stamping it with their seal and/or signing it? 4. Do I have the Consent to Trial 31 Days After Service and Waiver of Right to Trial by Jury? If yes, is it properly completed and signed by the Plaintiff and Defendant in the presence of a notary public who has attested to this fact by stamping it with their seal and/or signing it? 5. Do I have an Acknowledgement of Service OR Defendant’s Acknowledgement of Service Affidavit of Waiver of Venue and Personal Jurisdiction? If yes, are they properly completed and signed by the Defendant in the presence of a notary public who has attested to this fact by stamping it with their seal and/or signing it? 6. Do I have a Certificate of Service? 7. Do I have a Rule Nisi with Restraining Order? 8. Have I provided the Motion for Service by Publication (see #2) if I do not know where my spouse is located AND have I provided an Affidavit of Due Diligence for this Service by Publication pursuant to O.C.G.A. §9-11-4(e) AND the Service for Order by Publication AND Notice of Summons for the Service by Publication? Pataula Judicial Circuit 2011 10 9. Do I have all required financial affidavits and evidence required to support any requests for division of property, division of debt, or alimony? 10. If I do have real property such as land or a house, have I provided a Lis Pendens Notice? 11. Do I have a Final Divorce and Decree to provide to the judge for his signature? IF YOU HAVE ANSWERED NO TO ANY OF THESE QUESTIONS, THEN YOU DO NOT HAVE THE REQUIRED PAPERWORK TO FILE A DIVORCE IN THIS CIRCUIT. Please secure the documents and/or meet the requirements as set forth above or consult an attorney who will do so on your behalf. I understand that I represent myself and that no one in the Court can assist me with any of this process (this includes personnel in the clerk’s office and judge’s office). ________________________________ [Plaintiff] ____________ [Date] Pataula Judicial Circuit 2011 11 IN THE SUPERIOR COURT OF ______________________________ COUNTY STATE OF GEORGIA ______________________________, Plaintiff, * * * * CIVIL ACTION #: ________________ * * * * vs. ______________________________, Defendant. COMPLAINT FOR DIVORCE Comes now Plaintiff, _____________________________, [name] in the above-styled action and files this Complaint for Divorce against Defendant and respectfully shows the court the following: 1. Residence Requirement (Check only ONE either A, B, or C) (A) Plaintiff lives in ___________________ County, Georgia, and has lived in the State of Georgia for at least months prior to this action. (B) Plaintiff lives in ___________________ County, Georgia, at the following military post: ___________________________________________ for at least one year before filing this petition. (C) Plaintiff does not live in the State of Georgia, but Defendant has been a resident of the State of Georgia for at least six (6) month prior to my filing this action. Defendant lives in ___________________ County, Georgia. 2. Venue and Service (Check only ONE either A, B, C, D, E, or F) (A) I am filing the divorce in the county where the Defendant lives. The Defendant lives in Georgia, in ___________________ County, and has signed the Acknowledgement of Service and has waived further service of process. (B) The Defendant lives outside the State of Georgia in ___________________ County, ___________________ [state]. The Defendant has signed an Acknowledgement of Pataula Judicial Circuit 2011 12 Service/Affidavit of Waiver of Venue and Personal Jurisdiction consenting to let this Court handle the divorce. (C) I am filing in the county where the Defendant lives. Defendant is a resident of ________________________ County, Georgia and may be served at his /her resident/work address of: _________________________________________________. (D) I am filing in the county where the Plaintiff lives. The Defendant is a resident of ________________________ County, Georgia but Defendant and I lived together in my home county, _____________________________ [name of county] at the time we separated. The Defendant has only moved from this County within the past six months from the date of this filing. Defendant shall be served by second original at his /her resident/work address of: _________________________________________________. (E) I am filing in the county where the Plaintiff lives. The Defendant is a resident of Georgia, but his /her whereabouts are unknown to me as shown by my Affidavit of Due Diligence attached hereto and incorporated by reference, marked Exhibit A. The Defendant shall be served by publication as is provided by law in the case of those who cannot be found within the State pursuant to O.C.G.A. §9-11-4(f)(1). The clerk shall mail a copy of the Notice, Order for Service by Publication, and Petition for Divorce to the last known address of the Defendant which is ______________________________________ _________________ within 15 days of the filing of the Order by Service by Publication. (F) I am filing this Complaint in the county where the Plaintiff lives, Defendant is not a resident of the State of Georgia, but I am a resident of ____________________________ County Georgia and (check item (1) or item (2).) (1) The Defendant was formerly a resident of the State of Georgia and presently is a resident of the State of __________________________. Defendant may be served by a second original pursuant to the Long Arm Statute, O.C.G.A. §9-1091(5). (2) The Defendant’s whereabouts are unknown to me as shown by my Affidavit of Due Dilligence attached hereto and incorporated by reference, Marked Exhibit A. The Respondent shall be served by publication as is provided by law in the case of those who cannot be found within the State pursuant to O.C.G.A. §9-1091(5). Pataula Judicial Circuit 2011 13 3. Date of Marriage (Check only ONE either A or B) (A) Plaintiff and Defendant were lawfully married on _______________________ [date]. (B) Plaintiff and Defendant are common law married, having entered into a common law marriage before January 1, 1997 on _______________________ [date]. 4. Date of Separation The Defendant and I are separated. All companionship, cooperation, assistance, aid, and intimacy ended on or about _______________________ [date]. We are still separated. 5. Minor Children of the Marriage There are no minor children born of the marriage and the wife is not now pregnant. 6. Grounds for Divorce (Check one or more grounds that you can prove) Plaintiff is entitled to a divorce from the Defendant on the statutory grounds that: The marriage is irretrievably broken and there is no hope of reconciliation, O.C.G.A. §19-5-3(13). Cruel Treatment. My spouse committed the following acts of cruel treatment to me such that I am afraid he /she will hurt me in the future (list specific incidents below): ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Adultery. My spouse has had sexual intercourse outside of our marriage. Desertion. On or about ________________________ [date], my spouse, without just cause or reason, intentionally abandoned and deserted m for a period of at least one year as follows: ______________________________________________________________. Pataula Judicial Circuit 2011 14 Intermarriage. My spouse and I are related as follows: _______________________________________________________________________. Mental incapacity. I did not have the mental capacity to enter into a marriage when we are married because _______________________________________________________. Impotency. My spouse was impotent at the time of the marriage, and I was not aware of this. Force, menace, duress, fraud in obtaining the marriage. I entered this marriage against my will as a result of _________________________________________________________. Pregnancy of the wife at the time of the marriage unknown to the husband. I did not know that my spouse was pregnant by another man when we got married. Conviction of party fr an offense involving moral turpitude. On or about _______________________ [date], my spouse was sentenced to serve at least two years in the penitentiary for the following: _________________________________________. Habitual intoxication. My spouse is repeatedly intoxicated. My spouse has been adjudged mentally ill by a court of competent jurisdiction. My spouse has been confined in an institution for the mentally ill for at two years immediately preceding this action. My spouse’s mental illness has been determined to be incurable by competent examiners, and I have attached a certified statement that it is this person’s opinion that my spouse is hopelessly and incurably ill. Habitual drug addiction. My spouse is addicted to drugs as follows: _______________________________________________________________________. 7. Alimony (Check only ONE A, B, or C) (A) I am seeking temporary alimony which will end on the date of the final decree of divorce. I did not engage in adultery, desertion, cruel treatment, or other fault grounds for divorce. (B) I am seeking temporary and permanent alimony which will last until I remarry or until my former spouse or I should die. I did not engage in adultery, desertion, cruel treatment, or other fault grounds for divorce. Pataula Judicial Circuit 2011 15 (C) I expressly waive (give up) alimony for the past, present, and future. 8. Marital Property (Check only ONE A, B, or C) (A) Defendant and I have no marital property. (B) Defendant and I have already divided our marital property to our mutual satisfaction. (C) Defendant and I have the following marital property that I have checked, and I am seeking an equitable division of this property. A house located at __________________________________________________. A Lis Pendens is attached hereto as Exhibit ___. Pension(s): Mine: _____________________ My spouses: __________________. Motor vehicles (list make, model, and year): __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Furniture (list or attach list): __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Bank accounts and investments (list or attach list): __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Other: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Pataula Judicial Circuit 2011 16 9. Joint Debts (Check only one A or B) (A) Defendant and I have no joint outstanding debts. (B) Defendant and I have the following debts. I have indicated which party should be responsible for each debt. The responsible party will indemnify and hold harmless the non-responsible party for any collection on these obligations. Creditor Amount Responsible Party 10. Name Restoration My former name is ________________________________________ first | middle | last], and I request that it be restored to me. Pataula Judicial Circuit 2011 17 WHEREFORE, Plaintiff respectfully requests: (a) That the parties herein be totally divorced; (b) That he Court adopt and incorporate the parties’ settlement agreement into a final judgment and decree in this matter; (c) That the Wife’s name be restored to her former name, which was: __________________________________________ (first, middle, last name) (d) That the Plaintiff has such other and further relief as this Court deems equitable and just. Respectfully submitted, this _______ day of ________________________, 20___. ____________________________________________ Signature of Plaintiff ____________________________________________ Plaintiff’s Name Printed ____________________________________________ _________________, _____ _________ Plaintiff’s Street Address City State Zip Plaintiff’s Home Phone: __________________ Alternate Phone: __________________ Pataula Judicial Circuit 2011 18 IN THE SUPERIOR COURT OF ______________________________ COUNTY STATE OF GEORGIA ______________________________, Plaintiff, vs. ______________________________, Defendant. * * * * CIVIL ACTION #: ________________ * * * * VERIFICATION The Plaintiff personally appeared before the undersigned notary public, and the Plaintiff on oath states that the facts set forth in this Complaint are true and correct to the best of his/her knowledge and belief. _______________________________________________ Signature of Plaintiff (in the presence of a Notary Public) Sworn to and subscribed before me this ________ day of ______________________, 20___. ___________________________________________ Notary Public, State of Georgia My Commission Expires: ______________________ Pataula Judicial Circuit 2011 19 IN THE SUPERIOR COURT OF ______________________________ COUNTY STATE OF GEORGIA ______________________________, Plaintiff, vs. ______________________________, Defendant. * * * * CIVIL ACTION #: ________________ * * * * ACKNOWLEDGMENT OF SERVICE AND SUMMONS The undersigned Defendant hereby acknowledges service of the above Summons and Complaint for Divorce and states that he/she has received a copy of said Complaint, and Defendant hereby waives any further service of process. This the _____ day of __________________________, 20__. _______________________________________________ Signature of Defendant (in the presence of a Notary Public) Sworn to and subscribed before me this ________ day of ______________________, 20___. ___________________________________________ Notary Public, State of Georgia My Commission Expires: ______________________ Pataula Judicial Circuit 2011 20 IN THE SUPERIOR COURT OF ______________________________ COUNTY STATE OF GEORGIA ______________________________, Plaintiff, vs. ______________________________, Defendant. * * * * CIVIL ACTION #: ________________ * * * * DEFENDANT’S ACKNOWLEDGEMENT OF SERVICE AFFIDAVIT OF WAIVER OF VEUE AND PERSONAL JURISDICTION I, ___________________________________________________[name], the named Defendant in the above-styled case, after being duly sworn, do hereby declare that I am a resident of _________________________ County, ____________________[state], and that the Plaintiff in the above-styled case is a resident of __________________________ County, Georgia. I affirm that I have received a copy of said Petition/Complaint, and I hereby waive all further notice, service, and issuance of process. After being duly informed that I have a constitutional right to a trial by judge or jury on the above matter in the county of my residence, and with that knowledge, I hereby expressly waive my right to venue in the county of my residence, and consent to venue and personal jurisdiction in the county of this superior court. This the _____ day of __________________________, 20__. _______________________________________________ Signature of Defendant (in the presence of a Notary Public) Sworn to and subscribed before me this ________ day of ______________________, 20___. ___________________________________________ Notary Public, State of Georgia _____________________________ My Commission Expires Pataula Judicial Circuit 2011 21 IN THE SUPERIOR COURT OF ______________________________ COUNTY STATE OF GEORGIA ______________________________, Plaintiff, vs. ______________________________, Defendant. * * * * CIVIL ACTION #: ________________ * * * * CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing COMPLAINT FOR DIVORCE upon the following counsel for __________________________________________ [party] or __________________________________________ [party if no counsel of record] by delivering [or causing to be delivered] by hand copy of the same as follows: [Name and address of counsel of record, or of parties if no counsel of record.] ______________________________________________________________________________ ______________________________________________________________________________ _______________________________________________ Signature of Plaintiff (in the presence of a Notary Public) Sworn to and subscribed before me this ________ day of ______________________, 20___. ___________________________________________ Notary Public, State of Georgia My Commission Expires: ______________________ Pataula Judicial Circuit 2011 22 IN THE SUPERIOR COURT OF ______________________________ COUNTY STATE OF GEORGIA ______________________________, Plaintiff, vs. ______________________________, Defendant. * * * * CIVIL ACTION #: ________________ * * * * RULE NISI WITH TEMPORARY RESTRAINING ORDER The within and foregoing Complaint having been read and considered, the same is allowed, ordered, and filed; and let a copy thereof be served upon the Defendant as required by law. Plaintiff is hereby awarded temporary use and possession of the former marital residence located at _____________________________________________________________________. Defendant is ordered to vacate the residence upon service. Defendant shall be allowed to take with him his clothing and other purely personal items. Defendant is ordered to surrender all keys to the marital residence to the serving Deputy. Defendant is hereby restrained and enjoyed from coming about, calling, or otherwise contacting the Plaintiff in any fashion at any location. Plaintiff is hereby awarded temporary use and possession of the __________________ _______________________ vehicle. Defendant is ordered to surrender all keys to the ______________________________________ vehicle to the serving Deputy. Let the Defendant show cause before me on the _______ day of ___________________, 20____, at ____________________________ in _______________________________ County, Georgia at ___ o’clock __.M., why the prayer of Plaintiff for temporary relief should not be granted as requested. In the meantime and until further order of this Court, the Defendant is restrained and enjoined from: molesting, harassing, or harming the Plaintiff, from following the Plaintiff, from interfering with the personal property held by the Plaintiff; or from entering the Plaintiff’s dwelling house. _____________________________________ Presented by Plaintiff Pro Se [Sign Here] ___________________________________ Judge of Superior Court of ______________ County, Georgia Pataula Judicial Circuit 2011 23 IN THE SUPERIOR COURT OF ______________________________ COUNTY STATE OF GEORGIA ______________________________, Plaintiff, vs. ______________________________, Defendant. * * * * CIVIL ACTION #: ________________ * * * * MOTION FOR SERVICE BY PUBLICATION Comes Plaintiff, pursuant to O.C.G.A. §9-10-71, and moves the court for an order directing that service on the Defendant be made by publication upon the grounds that he/she cannot, after due diligence, be found within the state, as more fully appears from the affidavit filed herewith ad attached hereto. ____________________________________________ Signature of Plaintiff ____________________________________________ Plaintiff’s Name Printed ____________________________________________ _________________, _____ _________ Plaintiff’s Street Address City State Zip Plaintiff’s Home Phone: __________________ Alternate Phone: __________________ Pataula Judicial Circuit 2011 24 IN THE SUPERIOR COURT OF ______________________________ COUNTY STATE OF GEORGIA ______________________________, Plaintiff, vs. ______________________________, Defendant. * * * * CIVIL ACTION #: ________________ * * * * AFFIDAVIT OF DUE DILIGENCE—SERVICE BY PUBLICATION O.C.G.A. §9-11-4(e) Personally appeared __________________________________, who, after being duly sworn, states: That the Defendant resides outside the State of Georgia, and his/her last known address is: ___________________________________________________________________________. —OR— That the Defendant has departed from the State of Georgia or cannot after due diligence be found within the state. The Defendant’s last known address is: _____________________________________________________________________________. —OR— The last known residence of the Defendant was outside the State of Georgia at ______________________________ on ________________________, 20_____. The Defendant no longer resides at the foregoing address, or within the State of Georgia, to the best of Affiant’s knowledge, and the present address or whereabouts of the Defendant is unknown to the Affiant. —OR— The Affiant has made a diligent effort to locate defendant by: ______________________________________________________________________________ ______________________________________________________________________________ and cannot find Defendant within this state for the reason that Defendant has concealed himself Pataula Judicial Circuit 2011 25 by: __________________________________________________________________________ _____________________________________________________________________________. Affiant has no knowledge as to the present residence or the whereabouts of the Defendant, but the Affiant has made the following efforts to find the Defendant by (check all that apply): Checking with the Defendant’s friends and relatives (put all names, addresses, and telephone numbers of everyone Plaintiff contacted): ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Contacting the Defendant’s former landlord (put all names, addresses, and telephone numbers of everyone Plaintiff contacted): ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Checking telephone information an directories (list directories that you checked and dates that you checked the directories): ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Attempting to have Defendant served at his/her last known address, which is listed above. Other: __________________________________________________________________ ___________________________________________________________ Signature of Plaintiff (in the presence of a Notary Public) Sworn to and subscribed before me this ________ day of ______________________, 20___. ___________________________________________ Notary Public, State of Georgia My Commission Expires: ______________________ Pataula Judicial Circuit 2011 26 IN THE SUPERIOR COURT OF ______________________________ COUNTY STATE OF GEORGIA ______________________________, Plaintiff, vs. ______________________________, Defendant. * * * * CIVIL ACTION #: ________________ * * * * ORDER FOR SERVICE BY PUBLICATION Plaintiff having moved the Court for an order directing service to be made upon Defendant ________________________ in the above-styled action by publication of summons, and it appearing to the Court from the verified Complaint and Affidavit in support of such motion that Defendant is a nonresident and that action is an action in which a defendant may be served by publication pursuant to O.C.G.A. §9-19-71, it is: ORDERED, that service upon ____________________ be made by publication as provided by law. This _______ day of _________________________, _____________ (year). _____________________________________ Presented by Plaintiff Pro Se [Sign Here] ___________________________________ Judge of Superior Court of ______________ County, Georgia Pataula Judicial Circuit 2011 27 IN THE SUPERIOR COURT OF ______________________________ COUNTY STATE OF GEORGIA ______________________________, Plaintiff, vs. ______________________________, Defendant. * * * * CIVIL ACTION #: ________________ * * * * NOTICE OF SUMMONS—SERVICE BY PUBLICATION TO: _________________________________________, Defendant named above: You are hereby notified that the above-styled action seeking _______________________ [state the relief sought] was filed against you in said court on ____________________________, 20_____, and that by reason of an order for service by summons by publication entered by the court on ___________________________, 20______ you are hereby commanded and required to file with the clerk of said court and serve upon __________________________, Plaintiff, whose address is ________________________________________________________, an answer to the complaint within sixty (60) days the date of the order for service by publication. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Witness the Honorable _______________________________, judge of said court. This the _______ day of _______________________________, 20_____. ____________________________________________________ Clerk of Court Pataula Judicial Circuit 2011 28 IN THE SUPERIOR COURT OF ______________________________ COUNTY STATE OF GEORGIA ______________________________, Plaintiff, vs. ______________________________, Defendant. * * * * CIVIL ACTION #: ________________ * * * * LIS PENDENS NOTICE To Whom It May Concern: The above-styled case has been filed demanding at the following described real property be awarded to the Plaintiff as alimony or as equitable division of property: This Lis Pendens notice has been filed and recorded as provided by law. This ________ day of _______________________________, 20____. ___________________________________________________________ Signature of Plaintiff (in the presence of a Notary Public) Sworn to and subscribed before me this ________ day of ______________________, 20___. ___________________________________________ Notary Public, State of Georgia My Commission Expires: ______________________ Pataula Judicial Circuit 2011 29 IN THE SUPERIOR COURT OF ______________________________ COUNTY STATE OF GEORGIA ______________________________, Plaintiff, vs. ______________________________, Defendant. * * * * CIVIL ACTION #: ________________ * * * * FINAL JUDGMENT AND DECREE Upon consideration of this case, upon evidence submitted as provided by law, it is the judgment of the Court that a total divorce be granted, that is to say, a divorce a vinculo matrimonii, between the parties to the above stated case upon legal principles. It is considered, ordered and decreed by the Court that the marriage contract heretofore entered into between the parties in this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into. Petitioner and Respondent in the future shall be held and considered as separate and distinct persons altogether unconnected by any nuptial union or civil contract whatsoever and both shall have the right to remarry. Each party is restrained and enjoined from molesting or harassing the other party. The Court restores ________________________ (wife) to her prior or maiden name, which is: ___________________________________________________. The Court fixes alimony as follows:__________________________________________. The Court grants to Plaintiff the following items property: ______________________________________________________________________________ Pataula Judicial Circuit 2011 30 ______________________________________________________________________________ _____________________________________________________________________________. The Court divides up the parties’ debts as follows: Creditor Amount Responsible Party ________________________________________ Judge, Superior Court of _________________________ County, Georgia. Submitted by: __________________________________, Plaintiff or Defendant pro se Phone #_______________________ Address: ______________________________________________________________________ Pataula Judicial Circuit 2011 31